03 August 2024
When a person sells a property (like an office) for which depreciation has been claimed, the treatment of the profit on sale is governed by specific tax rules. Here’s a detailed breakdown:
### **1. Classification of Income**
**A. Capital Asset**
Even though depreciation has been claimed on the property, it is still classified as a capital asset. The depreciation claimed does not change the nature of the asset; it remains a capital asset.
**B. Long-Term Capital Gains (LTCG)**
If the property was held for more than three years (long-term), the gain on sale is classified as Long-Term Capital Gain (LTCG). The LTCG is calculated based on the sale proceeds minus the indexed cost of acquisition.
### **2. Calculation of Capital Gains**
**A. Cost of Acquisition**
The cost of acquisition for calculating LTCG is the purchase price plus any capital improvements made, adjusted for inflation using the Cost Inflation Index (CII).
**B. Depreciation Adjustment**
Depreciation claimed on the property affects the computation of capital gains. The adjustment for depreciation is called **“Depreciation Recapture”**.
Here’s how it works:
1. **Calculate the Depreciated Value**: This is the value of the asset on which depreciation was claimed.
2. **Calculate the Capital Gain**: The capital gain is the difference between the sale price and the depreciated value.
3. **Indexation**: Adjust the cost of acquisition for inflation using the CII to determine the indexed cost of acquisition.
4. **Long-Term Capital Gains**: The gain from the sale, after considering indexation, is classified as LTCG.
### **3. Depreciation Recapture**
When a property is sold, the part of the gain attributable to the depreciation previously claimed is taxed as **"Short-Term Capital Gain"** (STCG) or added to the LTCG.
**Depreciation Recapture**: The amount of depreciation claimed is effectively taxed as ordinary income, or it can be added to the LTCG and taxed at applicable LTCG rates.
The capital gain of ₹25 lakhs is subject to taxation. Out of this, the ₹20 lakhs attributable to depreciation claimed might be taxed as STCG or added to LTCG based on current tax laws.
### **5. Tax Treatment**
- **Long-Term Capital Gain (LTCG)**: The remaining capital gain (after adjusting for depreciation) is taxed at the LTCG rate, which is generally lower than the regular income tax rate.
- **Depreciation Recapture**: The portion of the gain attributable to depreciation might be taxed at normal income tax rates.
### **Summary**
- The profit from selling a depreciated property is treated as **LTCG** if the property is held long-term. - Depreciation claimed will be adjusted in the capital gain calculation. - Part of the gain corresponding to the depreciation claimed may be subject to higher taxation rates, either as STCG or at the regular income tax rates.
Consulting with a tax professional is advisable for precise calculations and understanding how the rules apply to your specific situation.
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